Jurisprudential Guides are decisions that are well-written, detailed, and contain persuasive reasoning. The identification of jurisprudential guides facilitates fair decision-making consistent with the IRB’s statutory obligation to deal with all proceedings before it as informally and quickly as the circumstances and the considerations of fairness and natural justice permit.
Drawing on the common law tradition of precedent and the tribunal tradition of policy-making through adjudication, jurisprudential guides enable the establishment of a cohesive and coherent jurisprudence.
As set out in the Policy on the Use of Jurisprudential Guides (Policy 2003-01, as amended on December 3, 2019), members are encouraged to follow the reasoning set out in jurisprudential guides in cases with similar facts or explain their reasons for not doing so.
Paragraph 159(1)(h) of the Immigration and Refugee Protection Act provides that the Chairperson may identify decisions of the Board as jurisprudential guides.
MB8-00025 (November 2020)
MB8-00025 confirms that the preferred interpretation of the Refugee Convention is that allegations of risk in a country of residence are to be taken into consideration in the analysis of whether a refugee claimant is excluded from refugee protection under Article 1E (paragraphs 22-71).
TB7-01837 (May 2017)
This Jurisprudential Guide looks at whether the treatment experienced by Ahmadis in Pakistan amounts to persecution, whether state protection is available and whether there is a viable internal flight alternative.
MB6-01059/60 (February 2017)
This Jurisprudential Guide looks at the availability of a viable internal flight alternative in India for claimants from Punjab.
TB4-05778 (June 2016)
The issue in this decision that forms the basis of the Jurisprudential Guide is whether a claimant/appellant who is a citizen of the Democratic People’s Republic of Korea (North Korea) is deemed to be a citizen of the Republic of Korea (South Korea).
Revoked jurisprudential guides
TB7-19851 (revoked April 2020)
Developments in the country of origin information related to the Nigeria Jurisprudential Guide (JG) have diminished the value of the decision as a JG. The Chairperson has revoked the identification of RAD decision TB7-19851 as a JG as of April 6, 2020.
Despite the developments in country of origin information, TB7-19851 continues to provide a helpful conceptual framework in some cases. As a result, TB7-19851 will be identified as a RAD Reasons of Interest.
TB6-11632 (revoked June 2019)
This decision provided an analysis of Chinese exit control procedures and the ability for those being sought by the authorities to exit China via an airport using a genuine passport.
MB6-01059/60 (November 2018)
The availability of an internal flight alternative in India for claimants from Punjab.
Costa Rican claimants seeking protection due to their fear of criminality. The issue in this decision that forms the basis of the Jurisprudential Guide is the determination of the availability of state protection.